| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 71/02 |
| Hearing date | 12 Jul 2002 |
| Determination date | 17 July 2002 |
| Member | P Cheyne |
| Representation | JM Appleyard ; S Miller |
| Location | Christchurch |
| Parties | House v Samuel Miller Films Ltd |
| Summary | PRACTICE AND PROCEDURE - Arrears of wages - Parties reached s149 ERA settlement - Respondent failed to make settlement payments - Whether applicant able to cancel settlement - Allowed to cancel via s7(3)(b) Contractual Remedies Act 1979 - Respondent was at risk of District Court order enforcing settlement - Authority had power to award whole amount - Money due and owing - Arrears awarded |
| Result | Application granted ; Arrears of wages ($2,399) ; Costs reserved |
| Statutes | Contractual Remedies Act 1979 s7(3)(b);District Courts Act 1947 s81;ECA s88;ERA s137;ERA s149;ERA s151(b)(ii);ERA s162 |
| Cases Cited | Hunt v Forklift Specialists Ltd [2000] ERNZ 553;Schaffer v Gisborne Boys High School Board of Trustees [1995] 1 ERNZ 94 ; [1995] 2 NZLR 288;Tucker v Cerissi Leather Ltd [1995] 2 ERNZ 11 |
| Number of Pages | 3 |
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